Conflicts arise as Union Gospel Press construction proceeds
by Chuck Hoven

(Plain Press, September 2008) While generally happy to see something being done with the Union Gospel Press building after many years of neglect, residents around the Union Gospel Press building are complaining of dust, noise, and what they claim are outright violations of their property rights as redevelopment of the fifteen building complex on W. 7th between Jefferson and College increases in intensity.

Karen Bessinger of W. 7th Street, commenting on the mood of her neighbors says, “Everyone supported it. Now they are all up in arms.”

Jerlene Justus of W. 7th Street said she first began writing letters and making phone calls to complain about the noise of a loose metal plate that was put over a spot where a broken water main had been fixed. She said for eight nights in early July the plate banged when cars drove over it. “It sounded like a shot gun at night,” said Justus. She said once she contacted the UGP limited partnership that owns the Union Gospel Press complex, the contractors responded and eventually removed the metal plate, replacing it with gravel and concrete.

As she researched the issue, Justus said city officials told her the contractors, didn’t have a permit to do work in the street. The project was shut down for a day while a proper permit was obtained, said Justus.

A number of other issues that have arisen over the course of the development make residents wonder if the owners and developers are taking proper precautions while the rehabilitation of the building is underway. They note a worker fell to his death off the building last December. More recently residents have photographed a worker high on the building without proper harnessing. Justus notes open holes where adults or children could fall in. Justus doesn’t believe that the developers made an effort to reduce the amount of dust from their work. She says they built a shoot down the side of the building and were dropping building debris down it every day creating a lot of dust. The debris was piling up on the site making more dust. Justus says when she complained to the ownership, and the debris was hauled away she counted 22 truckloads leaving the property. She said the dust was so bad that everyone closed their windows and doors. She felt concerned about those without air conditioning and secured a meeting with a representative of the owners, Myrl Roberts, and Tremont West Development Corporation Executive Director Chris Garland. She said she persuaded Roberts to give “six air conditioners to people I know didn’t have one.”

Larry Slone of College Avenue said he would like to know if the developers had the proper permits and trained personnel when removing asbestos from the building. He is concerned that it was done properly so families in the neighborhood weren’t exposed to the dangerous fibers. Preston Buchtel, who lives at Thurman & College, said the developers didn’t do proper controls of the dust, and also wondered about asbestos.

Responding to questions from the Plain Press for the ownership, UGP Properties, LLC, Myrl Roberts said asbestos was removed from the building by certified personnel and proper precautions were taken including environmental survey and air quality monitoring. He said this could be checked with the City of Cleveland and the EPA.

Some of the neighbors were also surprised when most of the tree lawn in front of Lee Sternheimer’s house was carved up to make way for face in parking spots along W. 7th. They were surprised that the curb cuts didn’t end in front of the Union Gospel Press building next door. A protest was planned on Wednesday August 20th. The media was invited. Bob Brown of the City of Cleveland Planning Department, Tremont West Development Corporation Executive Director Chris Garland, and TWDC Development Director Sammy Catania were among those who joined UGP’s Myrl Roberts in meeting with neighbors about the curb cut. In the meeting with neighbors Roberts agreed to replace the tree lawn and do some landscaping in front of Sternheimer’s house.

Roberts emphasized that he was just following the plan that had been approved the City of Cleveland Planning Department when making the additional parking spots. Roberts says, as per usual, Board of Zoning Appeals meeting notices were sent out to those that curb cut would effect.

At least one neighbor recalled that the parking was discussed and approved at a neighborhood block club meeting several years ago. Karen Bessinger, who lives across the street from the curb cut, says at the time of the meeting neighbors in attendance were excited about the additional parking and voted for it. “All the people complaining never go to meetings to find out what is happening and to find out what the neighbors are voting on,” said Bessinger.

Justus says she didn’t know she had to attend neighborhood meetings. She said now she is fired up about problems with the development and will be attending future block club meetings.

One issue that has Justus fired up is developers attempting to take her sister-in-law Mary Oskay Slone’s back yard which the family had maintained since it purchased the house in 1950.

Her brother, Larry Slone says when he came home from an out of town trip a huge ten foot tall chain link fence that separated their yard from the Union Gospel Press property had been torn down and a 81/2 foot by 51 foot section of the family’s back yard had been dug out by the UGP developers. He said that the developers “told my wife that it was their land.” He said his wife felt she could get in a lot of trouble if she kept the land and singed papers they gave her.

Justus said she did some legal research and found because the family had maintained the land continuously for over a 21 year period they could claim it as their own by “adverse possession” even though they didn’t have title to it.

The family met with Roberts, Bob Brown and the staff members from TWDC after the issue about the curb cut was resolved. Slone says that Roberts had promised not to “do no more work until the issue was resolved.” Slone said the day after the meeting workers finished off the area by their house and it looked like they were ready pave the parking lot in the morning.  Justus said the ditch the developers had dug in the yard had been completely filled in and the area leveled off.

Not trusting the developers’ word after this, Sloan said he decided to rope off the area where their yard had been and put up no trespassing signs. Justice says after seeing the work that had been done they went out at night with flashlights and staked off the area and roped it off with clothesline and posted no trespassing signs. She said she overheard workers in the morning saying, “I’m not trespassing. I don’t care what they say.”

Justus says after finishing roping off the area of her sister-in-law’s yard she stayed up all night typing a motion for a preliminary injunction and for summary judgment, which was delivered to Common Pleas Court in the morning. After the court papers were filed, she says they received a call from Roberts saying he will go forward for now only up to the line where the fence was before.

For his part, Myrl Roberts, of UGP Properties, says that the deed to Union Gospel Press includes the land that in dispute. He called it a classic case of adverse possession. He believed the family had to file a claim for adverse possess and never had. He said he met with Mary Oskay and her brother Tom, who were the owners of the house at 717 College and made the case that the land belonged to UGP. He said UGP agreed to the family the property where their backyard deck was and another five feet and to put up a new fence. Roberts said UGP would give the family a deed showing they now had ownership of this land officially. Roberts said Mary Oskay Slone and Tom Oskay “signed a document and we were proceeding on a good faith effort.”

He said when other family members came into the picture and claimed adverse possession, he again met with the family and agreed to deed back 2/3 of the existing property and give them title to it. He said the family wanted $10,000 for damages to their side yard. He said he thought that was unreasonable and offered $1,000. They refused the offer, he said.
Roberts said that their claim to adverse possession is not a slam dunk. He said by including the City of Cleveland in their lawsuit, the family would be taking on the legal resources of the city of Cleveland as well as his firm.

He said UGP would for now just build up to the old fence line while waiting for a decision. He said, “I have no doubt that the land is properly deeded to us. I’m not disputing that they may have a claim to the land by adverse possession.”

Roberts said he thought it unfair that the family wanted to claim the land by adverse possession, while UGP Properties still would have to pay property taxes on it because it was surveyed into their property. He said if the family won the case and the land became part of their property then they would have to pay taxes on it.  Roberts said he told the family, “Even if we go through the process and you are wrong, we would still, as good neighbors want to give you a piece of that land.”

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